Please find attached a soundbite by Dr Mpho Phalatse.
It has come to the attention of the DA that the illegally installed Members of the Mayoral Committee (MMCs) have wasted no time in overstepping their authority by ordering a moratorium of tender and procurement processes. City of Johannesburg Executive Heads of Department and Municipal Entity CEOs and ExCo Members were directed to do so in writing by the MMCs of Transport and Human Settlements, respectively.
Their memoranda to City and Entity Officials read as follows:
As the newly appointed […] MMC, it is herewith an order of my office that all processes related to the advertising for, adjudication of and awarding of any and all tenders or other procurement-related activities be halted with immediate effect.
Further instructions regarding the way forward, including the resumption of these activities, are to follow in due course.
See the memoranda here and here.
Not only is this order given without any reference to law or process, but it is also an overreach of Executive Authority.
In terms of the Code of Conduct of Councillors, which MMCs are bound by,
A Councillor may not, except as provided by law-
- Interfere in the management or administration of any department of the municipal council unless mandated by Council
- Give or purport to give any instruction to any employee of the Council except when authorised to do so
- Obstruct or attempt to obstruct the implementation of any decision of the council or a committee by an employee of the Council or
- Encourage or participate in any conduct which would cause or contribute to maladministration in the Council.
Further to this, the Municipal Finance Management Act (MFMA), is clear when it states in section 118 that “no person may interfere with the supply chain management system of a municipality or amend or tamper with any tenders, quotations, contracts or bids after their municipal entity; or submission.”
The illegal instructions given by the MMCs of Transport and Human Settlements is a clear action of interfering in the administration of the municipality as well as procurement processes.
The critical work and planning of government, especially Departments like Transport and Human Settlement, and their Entities, means that service delivery in those areas will come to a halt.
This is nothing more than the start of a shake down, where money and tenders will be directed to allies and party-political campaigning.
We will be writing to the Acting City Manager, in terms of section 103 of the MFMA in order to ensure that the “improper interference of Councillors” is reported to the Speaker of Council.
Furthermore, if we do not find recourse in this action, we will, as empowered by section 59(3) of the Municipal Structures Act, call for Council to “in accordance with procedures in its rules and orders, may, or at the request in writing of at least one quarter [i.e., 68] of the Councillors. must, review any decision taken by such a political structure, political office bearer, councillor or staff member in consequence of a delegation or instruction, and either confirm, or revoke the decision subject to any rights that may have accrued to a person.”
We will not allow service delivery to be collapsed and funds to be redirected to the pockets and bank accounts of the corrupt.
Although our programme to repair and rebuild Joburg has been illegally halted, we will not stand idly when hope for a better Joburg is taken away from residents.